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BITUMINOUS ROADWAYS v. COMMISSIONER OF REVENUE

No. 81-573.

324 N.W.2d 799 (1982)

BITUMINOUS ROADWAYS, INC., Relator, v. The COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

Gordon Rosenmeier and Douglas P. Anderson, Little Falls, Robert C. Hoene, St. Paul, for relator.

Warren Spannaus, Atty. Gen., and Thomas K. Overton, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for respondent.

Heard, considered and decided by the court en banc.

TODD, Justice.

This appeal arises from two orders of the Commissioner of Revenue which assessed to the appellant, Bituminous Roadways, Inc. (BRI), a total of $40,646.90 in additional use tax. Both orders were appealed and were heard together in the Minnesota Tax Court. By order of April 7, 1981, the Tax Court affirmed the assessments made by the Commissioner, subject to certain modifications not relevant to this appeal. BRI commenced this appeal by a petition for...

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